12DecemberCC - Flores Rezoning AppealStaff Report and Map Amendment Evaluation Page 1 of 4
RANDOLPH COUNTY PLANNING & ZONING
STAFF REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2022-00002367
GENERAL INFORMATION
Applicant: Candi Langley
Property Owner: Miguel Uribe Flores Hearing Type: Legislative Request: To appeal the decision of the Randolph County Planning
Board to approve the rezoning request by Miguel Uribe Flores
to rezone 5.49 acres out of 19.39 acres at 2528 NC Hwy 49
N. The proposed Conditional Zoning District would amend the
conditions to specifically allow an existing furniture frame
shop in an existing building as per the site plan.
Current Zoning: HC-CD – Highway Commercial – Conditional District Requested Zoning: HI-CD – Heavy Industrial – Conditional District Small Area Plan: None
Growth Management: Primary Growth Area
Watershed Overlay: None
Flood Plain Overlay: None
Airport Overlay: None
Location: 2528 NC Hwy 49 N Parcel Number: 8713988508 Parcel Size: 5.49 acres out of 19.39 acres
Staff Report and Map Amendment Evaluation Page 2 of 4
Existing Use: Existing woodworking shop
SITE INFORMATION AND SURROUNDING LAND USES
Direction Adjacent Zoning Adjacent Land Use
North RA - Residential
Agricultural District Single-family residential
South RA - Residential
Agricultural District Truck hauling business
East RA - Residential Agricultural District Single-family residential
West RR - Residential Restricted
District Single-family residential
TRANSPORTATION INFORMATION
Information from North Carolina Department of Transportation:
No comments have been received from NC Department of Transportation.
ZONING INFORMATION
Zoning History: Three acres of this property was rezoned on October 1, 1990,
to allow a 30 ft. by 60 ft. automotive supply sales facility with
no outside storage. Eight acres was rezoned on November 7,
1994, to allow a 431 ft. by 500 ft. building to be used for a
Planned Business Development specifically for a
woodworking business. On October 4, 2022, the Randolph
County Planning Board held a public hearing and voted
unanimously to approve the rezoning request on 5.49 acres.
Proposed Zoning District Standards from the Randolph County Unified
Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.):
HI: HEAVY INDUSTRIAL DISTRICT
PURPOSE
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The purpose of the Heavy Industrial (HI) District is to provide a place to accommodate those industries whose normal operations include dust, noise, odor, or other emissions that may be deemed as objectionable. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE
Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft.
Water Quality Critical Area: 80,000 sq. ft.
Lot size with less than 100 ft. of
State road frontage 5 acres
Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way
Side setback 10 ft. from any side property line
Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES
Road setback 20 ft. from any road right-of-way
Property line setback 5 ft. from any property line
DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watershed and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. Minimum lot size requirements within Rural Growth Areas are 3 acres. 6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 8. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon signed petition of all owners of the land to be included in the Conditional District.
STAFF ANALYSIS AND RECOMMENDATION
The Planning and Zoning Staff has reviewed this request finds that this request:
• Meets all technical requirements of both the Ordinance and the Plan;
• Is consistent, reasonable, and in the public interest; and
• Should be APPROVED by the Randolph County Planning Board.
The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee and Planning and Zoning Staff as supporting the above conclusion. Policy 4.2 Highway oriented commercial uses should be clustered along segments of
arterial streets and contain land uses that are mutually compatible and reinforcing in use
Staff Report and Map Amendment Evaluation Page 4 of 4
and design. They should be developed in a way that minimizes signage, access points, and excessive lengths of commercial strip development.
Consistency Analysis: As stated previously, this property was rezoned in 1994 to allow a woodworking business. There are a few other businesses in the area so this development would be clustered along the road and use existing building on the property instead of requiring the owner to construct new buildings for the furniture shop. The
proposed changed would be compatible with the other uses, such as a trucking terminal,
in the area and would minimize signs, access points and extension of commercial development along NC Hwy 49N. Policy 4.3 Individual Rural Business of Highway Commercial rezoning decisions will
depend upon the scale of the proposed development as it relates to the specific site and
location weighed against impact to adjoining rural land uses.
Consistency Analysis: The applicant is asking to rezone 5.49 acres out of 19.39 that is already zoned HC-CD – Highway Commercial – Conditional District and the use could be
less intense than the previously approved use and would have minimum “impact to adjoin
rural land uses.” Reasonableness and Public Interest Analysis: The policies listed above illustrate how
this request is consistent with the Ordinance, the Plan, and applicable General Statutes.
The parcel in this rezoning request is subject to the Conditions agreed upon between the
property owner and the Planning Board. These Conditions will limit the amount and type
of development on the property reducing the impact on adjoining parcels. The proposed
use will also increase the tax base and increase economic activity within the County.
PARCEL INFORMATION:
ZONING INFORMATION:
Zoning District 1: HC-CD-HIGHWAY COMMERCIAL CONDITIONAL DISTRICT
Zoning District 2: RA-RESIDENTIAL AGRICULTURAL DISTRICT
Zoning District 3:
Specialty District: N/A
Watershed Name: NONE
Class A Flood Plain On Prop?: NO
Flood Plain Map #: 3710871300J
Growth Management Areas:PRIMARY GROWTH AREA
Growth Management Areas:SECONDARY GROWTH AREA
Flood Plane Map #:
Total Permit Fee: $100.00
COMMENTS:
REQUESTED CHANGE:
The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as
allowed by the Randolph Couty Zoning Ordinance.
Area To Be Rezoned: 5.4900
Lot Size Indicator: ACRE(S)
Proposed Zoning District: HI-CD-HEAVY INDUSTRIAL CONDITIONAL DISTRICT
Proposed Use(S): TO ALLOW AN EXISTING FURNITURE FRAME SHOP IN AN
EXISTING BUILDING AS PER THE SITE PLAN.
Condition(S):
Applicant: FLORES, MIGUEL
City, St. Zip: ASHEBORO, NC 27205
Address: 1046 BRILES DR
Owner: FLORES, MIGUEL URIBE
Address: 1046 BRILES DR
City, St. Zip: ASHEBORO, NC 27205
Permit #: 2022-00002367
Parcel #: 8713988508
Date: 08/19/2022
Location Address: 2528 NC HWY 49 N
RAMSEUR, NC 27316
Permit Type Code: PZ 2
CONTACT NAME:FLORES, MIGUEL Contact Phone:336 653-3509
MIGUEL URIBE FLORES1
Acreage: Township:20.3200 06 - COLUMBIA
Subdivsion: Lot number:
Eric Martin
Authorized County Official Signature of Applicant:
APPLICATION FOR ZONING CHANGE Page: 1 of 1
- LOCAL TELEPHONE NUMBER -
Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov
COUNTY OF RANDOLPH
Department of Planning & Zoning
204 E Academy St - PO Box 771 - Asheboro NC 27204-0771
APPLICATION FOR ZONING CHANGE
Flores Request Location Map
NC H
W
Y
4
9
N
SE
A
Y
S
R
D
WRIGHTCTRYRD
FERGUSON RD
1 inch equals 600 feet
?k
?k
Directions to site: NC Hwy 49 N -
Site on (R) approx. 6/10 mile past
Mt Olivet Church Rd at 2528
NC Hwy 49 N.
Flores Rezoning Request
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FERGUSON RD
NC H
W
Y
4
9
N
1 inch equals 400 feet
SUP for trucking
business (2000)
?k
?k
Request
location
Legend
Parcels
Structures
Type
!(Permanent Structure
!(Temporary Structure
Roads
Streams
50 ft. Stream buffer
County zoning
Districts
HC
LI
RA
RR
Flores Rezoning Request
FERGUSON RD
NC H
W
Y
4
9
N
1 inch equals 250 feet
?k
?k
Legend
Parcels
Roads
50 ft. Stream buffer
Flores Rezoning Request
Picture 1:
Request location.
Picture 2:
Request location.
Picture 3:
Adjacent
residence.
Picture 4:
Property across
road from request
location.
Picture 5:
Request location on
left as seen looking
toward Mt Olivet
Church Rd.
Picture 6:
Request location on
right as seen looking
toward Wright
Country Rd.
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COUNTY OF RANDOLPH
Department of Planning & Development
204 E Academy St - PO Box 771 - Asheboro NC 27204-0771
LOCAL TELEPHONE NUMBER
Asheboro (336) 318-6555 ● Archdale/Trinity: (336) 819-3555
http://www.randolphcountync.gov
CONDITIONAL DISTRICT PERMIT Page 1 of 1
CONDITIONAL DISTRICT PERMIT
Applicant: BROWER,HAROLD Date: 10/1/1990
Address: RT 1 BOX 37B Parcel #: 8713988508
City, St Zip: STALEY, NC 27355
Permit #: 9001398
Permit Type Code: PZ 2
Owner: HAROLD F BROWER
Address: 6802 LACKEY RD
City, ST ZIP: STALEY, NC 27355
CONTACT INFORMATION:
Contact Name: BROWER,HAROLD Contact Phone Number: N/A
LOCATION INFORMATION:
Township: (06) COLUMBIA
Subdivision name: MIGUEL URIBE FLORES Subdivision lot #: 1
Address: 2528 NC HWY 49 N RAMSEUR, NC 27316
ZONING INFORMATION:
Zoning District: HIGHWAY COMMERCIAL – CONDITIONAL DISTRICT
Growth Management Area: N/A
Specialty District: N/A
Watershed Name: N/A
Class A Flood Plain On Prop? N/A
Area rezoned: 3.00 A
USE/CONDITIONS:AUTOMOTIVE SUPPLY SALES 36' X 60'; (2)--NO OUTSIDE STORAGE CONVERTED
DATA
PLANNING & ZONING BOARD APPROVAL DATE: 09/11/1990
BOARD OF COMMISSIONERS APPROVAL DATE:10/01/1990
This CONDITIONAL ZONING DISTRICT as described in the public hearing and reflected in the official minutes
of the proceedings and subject to all applicable provisions agreed upon by the applicant and the Randolph
County Planning Board is hereby approved.The applicant shall complete the development in accordance with
the plans and conditions approved by this Board, a copy of which is filed in the County Planning Department.
________________________________________________________________________________________
RANDOLPH COUNTY
NORTH CAROLINA
_______________________________________ _______________________________________
Planning & Development Director Date
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COUNTY OF RANDOLPH
Department of Planning & Development
204 E Academy St - PO Box 771 - Asheboro NC 27204-0771
LOCAL TELEPHONE NUMBER
Asheboro (336) 318-6555 ● Archdale/Trinity: (336) 819-3555
http://www.randolphcountync.gov
CONDITIONAL DISTRICT PERMIT Page 1 of 1
CONDITIONAL DISTRICT PERMIT
Applicant: BROWER,HAROLD F Date: 10/20/1995
Address: 6720 LACKEY RD Parcel #: 8713988508
City, St Zip: STALEY, NC 27355
Permit #: 9401877
Permit Type Code: PZ 2
Owner: HAROLD F BROWER
Address: 6802 LACKEY RD
City, ST ZIP: STALEY, NC 27355
CONTACT INFORMATION:
Contact Name: BROWER,HAROLD F Contact Phone Number: 622-4579
LOCATION INFORMATION:
Township: (06) COLUMBIA
Subdivision name: MIGUEL URIBE FLORES Subdivision lot #: 1
Address: 2528 NC HWY 49 N RAMSEUR, NC 27316
ZONING INFORMATION:
Zoning District: HIGHWAY COMMECIAL – CONDITIONAL DISTRICT
Growth Management Area: N/A
Specialty District: N/A
Watershed Name: N/A
Class A Flood Plain On Prop? N/A
Area rezoned: 8.37 A
USE/CONDITIONS:431'X500' ZONED FOR PLANNED BUSINESS DEVELOPMENT - SPECIFICALLY
WOOD WORKING BUSINESS
PLANNING & ZONING BOARD APPROVAL DATE: 10/04/1994
BOARD OF COMMISSIONERS APPROVAL DATE:11/07/1994
This CONDITIONAL ZONING DISTRICT as described in the public hearing and reflected in the official minutes
of the proceedings and subject to all applicable provisions agreed upon by the applicant and the Randolph
County Planning Board is hereby approved.The applicant shall complete the development in accordance with
the plans and conditions approved by this Board, a copy of which is filed in the County Planning Department.
________________________________________________________________________________________
RANDOLPH COUNTY
NORTH CAROLINA
_______________________________________ _______________________________________
Planning & Development Director Date
COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND
FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY MIGUEL URIBE FLORES REZONING REQUEST #2022-00002367
NORTH CAROLINA RANDOLPH COUNTY BOARD OF COMMISSIONERS According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Board of Commissioners finds that the
proposed zoning district map amendments to HI-CD - Heavy Industrial - Conditional
District as described in the application of 2022-00002367 are consistent with the
Randolph County Unified Development Ordinance and the 2009 Randolph County
Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area
which generally lie along major transportation corridors and have access to urban
services. This parcel is along NC Hwy 49 N which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.2 Highway oriented commercial uses should be clustered along segments
of arterial streets and contain land uses that are mutually compatible and
reinforcing in use and design. They should be developed in a way that minimizes
signage, access points, and excessive lengths of commercial strip development.
Consistency Analysis: As stated previously, this property was rezoned in 1994
to allow a woodworking business. There are a few other businesses in the area so this development would be clustered along the road and use existing building on the property instead of requiring the owner to construct new buildings for the furniture shop. The proposed changed would be compatible with the other uses, such as a trucking terminal, in the area and would minimize signs, access points
and extension of commercial development along NC Hwy 49N.
Policy 4.3 Individual Rural Business of Highway Commercial rezoning decisions
will depend upon the scale of the proposed development as it relates to the specific
site and location weighed against impact to adjoining rural land uses. Consistency Analysis: The applicant is asking to rezone 5.49 acres out of 19.39 that is already zoned HC-CD – Highway Commercial – Conditional District and the
use could be less intense than the previously approved use and would have
minimum “impact to adjoin rural land uses.” 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis:
The policies listed above illustrate how this request is consistent with the
Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Board of Commissioners. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The
proposed use will also increase the tax base and increase economic activity within
the County. Adopted on October 4, 2022.
_____________________________________ Chair, Randolph County Board of
Commissioners
ATTEST
_______________________________ Clerk to the Randolph County Board of Commissioners
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA
WHEREAS, a 5.49 acre parcel, having the Randolph County Parcel Identification Number of 8713988508 is currently zoned HC-CD - Highway Commercial - Conditional District by Randolph County, North Carolina;
WHEREAS, the Randolph County Board of Commissinoers has conducted a duly noticed public hearing on December 12, 2022 to consider the proposed rezoning on application number 2022-00002367, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied;
WHEREAS, the Randolph County Board of Commissioners has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the
Randolph County Growth Management Plan and is reasonable and in the public interest, and
the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY BOARD OF COMMISSIONERS THAT, the property is hereby rezoned to HI-CD - Heavy Industrial -
Conditional District. The official Randolph County Zoning Map and the Randolph County
Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on December 12, 2022.
______________________________________
Chair, Randolph County Board of Commissioners ATTEST
_________________________________ Clerk to the Randolph County Board of
Commissioners
MOTION TO APPROVE
A CONDITIONAL DISTRICT REZONING
NORTH CAROLINA RANDOLPH COUNTY
BOARD OF COMMISSIONERS
“I make the motion to APPROVE this rezoning request to
rezone the specified parcel(s) on the rezoning application
and the Map Amendment Ordinance, to the requested
zoning district based upon the Determination of
Consistency and Findings of Reasonableness and
Public Interest statements that are included in the
Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the
motion, to be included in the minutes, as well as the site
plan(s) with any and all agreed-upon revisions, also
incorporated into the motion and that the request is also
consistent with the Randolph County Growth Management
Plan.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
MOTION TO DENY
A CONDITIONAL DISTRICT REZONING
NORTH CAROLINA RANDOLPH COUNTY
BOARD OF COMMISSIONERS
“I make the motion to DENY this rezoning request to rezone
the specified parcel(s) on the rezoning application to the
requested zoning district based upon the Determination of
Consistency and Findings of Reasonableness and
Public Interest statements that are included in the
Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the
motion, to be included in the minutes, as well as the site
plan(s) with any and all agreed-upon revisions, also
incorporated into the motion and that the request is not
consistent with the Randolph County Growth Management
Plan.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.